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BJP Leader Shahnawaz Hussain Approaches SC Against Delhi HC’s Order to Register FIR in 2018 Rape Case

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Shahnawaz Hussain Law Insider

Priya Gour

Published on: 19th August, 2022 at 18:34 IST

The BJP Member of the Legislative Council, Shahnawaz Hussain, has approached the Supreme Court against the order to file an FIR issued by the Delhi High Court yesterday. The leader has urged the Court for an urgent hearing, keeping in mind his three-decade old political career and reputation, which are at stake after the allegations.

The matter was brought before the bench of CJI NV Ramana, Justice Hima Kohli, and Justice CT Ravikumar.

About The Matter:

The BJP leader was accused of charges under Sections 376, 328, 120B, and 506 IPC. The complainant, through an application under Section 156(3) CrPC, requested for directions to be issued for the registration of an FIR with the City Police.

As a consequence, an Action Taken Report (ATR) was filed by the city police in July, 2018 before the Metropolitan Magistrate (MM). The allegations were not found substantiated after the conclusion of the enquiry.

This was contended by the leader that the FIR was directed to be filed even after the ATR. However, the Special Judge upheld the order of the Metropolitan Magistrate, citing the mandate to record the statement of the rape victim [Criminal Amendment Act of 2013].

The accused leader filed an appeal against the order of the Special Judge dismissing his revision petition against the orders of the MM and directing the registration of the FIR.

Approach of the Court:

To this, the Delhi High Court noted the failure of the SHO to register the complaint timely. For this reason, the complaint was made before the Commissioner of Police, which emphasized a cognizable offence of rape having been committed.

The High Court bench of Justice Asha Menon observed that the police had been reluctant in the matter and directed it to submit a report within three months under Section 173 CrPC. The leader approached the apex court against the same order.

Therefore, the apex court has listed the matter to be heard this upcoming week.